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Change 1
As published
92D Procedure for imposing penalties
(1) Before giving a penalty notice to a person the Commissioner must notify the person of the Commissioner’s intention to do so.
(2) The notice under subsection (1) must—
(a) specify the proposed amount of the penalty,
(b) specify the Commissioner’s reasons for proposing to impose the penalty,
(c) specify the period during which the person may make representations about the proposal (“the specified period”), and
(d) specify the way in which those representations may be made.
(3) The specified period must not be less than 28 days beginning with the date on which the notice under subsection (1) is given.
(4) The Commissioner must have regard to any representations made by a person during the specified period in deciding—
(a) whether to give a penalty notice to the person, and
(b) if the Commissioner decides to give a variable penalty notice to the person, the amount of the penalty specified in the notice.
(5) Where the Commissioner gives a penalty notice to a person, the notice must specify—
(a) the amount of the penalty, and
(b) the period within which the penalty must be paid (“the payment period”).
(6) The penalty notice must also contain information as to—
(a) the grounds for the penalty,
(b) how payment may be made,
(c) the details of any early payment discount or late payment penalty included by virtue of subsection (7),
(d) the consequences of non-payment,
(e) rights of appeal, and
(f) the period within which an appeal may be made.
(7) The penalty notice may include provision for the amount payable under the notice—
(a) to reduce in the event of early payment;
(b) to increase in the event of payment after the end of the payment period.
Your change, as a redline
92D Procedure for imposing penalties
(1) Before giving a penalty notice to a person the Commissioner must notify the person of the Commissioner’s intention to do so.
(2) The notice under subsection (1) must—
(a) specify the proposed amount of the penalty,
(b) specify the Commissioner’s reasons for proposing to impose the penalty,
(c) specify the period during which the person may make representations about the proposal (“the specified period”), and
(d) specify the way in which those representations may be made.
(3) The specified period must not be less than 28 days beginning with the date on which the notice under subsection (1) is given.
(4) The Commissioner must have regard to any representations made by a person during the specified period in deciding—
(a) whether to give a penalty notice to the person, and
(b) if the Commissioner decides to give a variable penalty notice to the person, the amount of the penalty specified in the notice.
(5) Where the Commissioner gives a penalty notice to a person, the notice must specify—
(a) the amount of the penalty, and
(b) the period within which the penalty must be paid (“the payment period”).
(6) The penalty notice must also contain information as to—
(a) the grounds for the penalty,
(b) how payment may be made,
(c) the details of any early payment discount or late payment penalty included by virtue of subsection (7),
(d) the consequences of non-payment,
(e) rights of appeal, and
(f) the period within which an appeal may be made.
(7) The penalty notice may include provision for the amount payable under the notice—
(a) to reduce in the event of early payment;
(b) to increase in the event of payment after the end of the payment period.
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